Legal Opinion

Martinelli

Massachusetts Supreme Judicial Court

Decided October 23, 1914PublishedCited by 5 opinions

Two petitions, filed in the Superior Court on May 25, 1914, one by Silvio Martinelli as the administrator of the estate of Umberto Alivernini, and the other by the same petitioner as the administrator of the estate of Settimio Angelini, each alleging ihat a claim for the death of the petitioner’s intestate in the course of his employment on August 8, 1913, was pending before the Industrial Accident Board, and praying that letters rogatory might be issued by the Superior…

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Two petitions, filed in the Superior Court on May 25, 1914, one by Silvio Martinelli as the administrator of the estate of Umberto Alivernini, and the other by the same petitioner as the administrator of the estate of Settimio Angelini, each alleging ihat a claim for the death of the petitioner’s intestate in the course of his employment on August 8, 1913, was pending before the Industrial Accident Board, and praying that letters rogatory might be issued by the Superior Court addressed to any court in the Kingdom of Italy having jurisdiction for the taking of depositions and that the…

1Opinion of the CourtRugg, C. J.

The petitioner, as administrator of the estates of two different persons, brings these applications in the Superior Court, praying it to issue letters rogatory for taking the testimony of witnesses in the Kingdom of Italy, to be used in the hearings on proceedings brought and pending before the Industrial Accident Board for the recovery of the payments provided by the workmen’s compensation act, St. 1911, c. 751, for the death of these two decedents.

Letters rogatory as a means of procuring the evidence of witnesses in foreign States are not much in use in this Commonwealth. The statutes make…

2Cases cited2 opinions

  1. AnonymousNew York Court of Appeals · 1874
  2. State v. BourneOregon Supreme Court · 1891

3Cited by5 opinions

  1. Derinza's CaseMassachusetts Supreme Judicial Court · 1918
  2. Ex Parte Thomas TaylorTexas Supreme Court · 1920
  3. Kimber v. Consumers Power Co.Michigan Supreme Court · 1925
  4. Moormeister v. Golding, Director of Registration Dept.Utah Supreme Court · 1933
  5. Carvalho v. Cass Putnam Hotel Co.Michigan Supreme Court · 1927

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